Tag Archives: unpaid hours

Firefighters Traveling Out-of-State To Spec / Inspect Apparatus Can Cause FLSA Headaches

Today’s Advanced FLSA Question: What are the potential wage and hour concerns associated with sending non-exempt firefighters out of state to spec and/or inspect new fire apparatus? Answer: Good question. Believe it or not, this is a very advanced question. Allowing overtime eligible employees [like firefighters] to engage in work-related travel without considering the potential wage and hour implications is ...

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Lockheed Martin Settles 2022 FLSA Lawsuit with Firefighters for Close to $1 Million

Lockheed Martin [a global aerospace and defense contractor] has settled a 2022 FLSA lawsuit filed by a group of forty-nine industrial firefighters for a total of $949,996. The crux of the firefighter’s claims was that Lockheed Martin only paid its in-house firefighters’ overtime after they worked more than 48 hours per week. The FLSA requires non-public agency fire departments, pay ...

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FDNY Facing Another FLSA Suit from Medics and EMTs

A large group of FDNY emergency medical technicians and paramedics filed a federal lawsuit late last week alleging that the City of New York’s pay practices violate the Fair Labor Standards Act (FLSA). The lawsuit, which contains several claims including uncompensated off-the clock work, regular rate violations, and failure to timely pay overtime compensation was filed in the U.S. District ...

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Los Angeles County Fire Prevails in COVID Related FLSA Lawsuit

A federal judge has dismissed a lawsuit filed by a lone Los Angeles firefighter, on behalf of himself and “other similarly situated individuals” [a.k.a. other firefighters] for unpaid overtime while attending the county’s fire academy during the COVID-19 pandemic. The lawsuit, which was initially filed in state court only to be moved to federal court in July 2021, contained allegations ...

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FL Fire Protection District Faces Second FLSA Lawsuit in as Many Years

The Upper Captiva Fire Protection and Rescue Service District (district) is facing its second FLSA misclassification lawsuit from a former chief officer since 2021. The district provides fire and EMS services on the tiny island of North Captiva on Florida’s gulf coast. The island of North Captiva is located a few miles northwest of Ft. Meyers Beach and is only ...

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DOL Investigation Yields $672K In Back OT for Gary IN Firefighters and Medics

The U.S. Department of Labor (DOL) has ordered the City of Gary, Indiana to pay 154 firefighters and 18 paramedics a total of $672,000 in back overtime wages. The order follows a DOL investigation into the city’s pay practices related to firefighter and medic pay. According to the DOL, the city failed to pay firefighters overtime for all hours worked ...

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GA Battalion Chiefs File FLSA Lawsuit

Ten Cobb County, Georgia battalion chiefs have filed a federal lawsuit alleging the county has failed to pay them overtime as required by federal law. More specifically, the battalion chiefs claim the county misclassified them as overtime exempt “white collar” employees in violation of the FLSA. Quoting from the complaint: Within the last three years, and continuing to date, while ...

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Tulsa City Council Authorizes $1 Million Settlement in Firefighter FLSA Lawsuit

The City of Tulsa, Oklahoma is one step closer to resolving an FLSA lawsuit filed by nearly 500 Tulsa firefighters. This past Wednesday, the Tulsa City Council approved a settlement in the amount of $1,060,000. The firefighter’s complaint, which was filed in the United States District Court for the Northern District of Oklahoma in February 2022, contained several allegations related ...

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$3 Million Reasons Why a Collectively Bargained ‘MOU’ Will Not Trump the FLSA’s Overtime and Regular Rate Requirements

Today’s FLSA Question: Can the terms of a negotiated agreement between a union and an employer [i.e., collective bargaining agreement, memorandum of understanding, etc.] supersede the FLSA’s overtime requirements? Answer: No, a negotiated agreement between a union and an employer will not supersede the FLSA’s overtime requirements. This is a relatively common misconception when it comes to the impact of ...

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LA City Fire Facing FLSA Lawsuit Over Late Reliefs and Mandatory Shift Recalls

The City of Los Angeles is facing an FLSA lawsuit from several city firefighters over late reliefs and mandatory shift recalls. The complaint, which was filed on February 10, 2023, in the U.S. District Court for the Central District of California, contains allegations related to numerous instances of unpaid overtime raised by several city firefighters. According to the three named ...

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